Passim

Mandamus decisions / District of Columbia

Patel v. United States Citizenship & Immigration Services (Uscis)

District of ColumbiaRichard J. LeonDecided September 8, 2023No. 1:22-cv-01931

Read the decisionOriginal on CourtListener

2,914 written decisions from 2,661 cases in the whole mandamus and agency-delay group, the group's newest decided October 30, 2026. Updated November 3, 2026 at 1:24 a.m. CT; the Passim connector counts the live collection, which can differ by the day's additions and retirements (which total to quote). Coverage: of the 1,606 public decisions since January 1, 2025 that a CourtListener and GovInfo search for mandamus and agency delay finds, Passim holds 1,371 (85%), measured November 3, 2026. Some of what that search finds are not mandamus decisions. Tell us about a decision we're missing.

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What the decision decided

Each value cites the passage it was read from. Values read by a model were checked against that passage; values read by rule come from fixed text patterns. Read the decision before relying on either.

Agency USCIS Read by a model
After March 15, 2022, USCIS resumed processing Regional Center-affiliated Form I-526 petitions.
Form or filing I-526 (investor petition) Read by a model
On November 13, 2019, Patel, an Indian citizen, filed a Form I-526 petition seeking to obtain an EB-5 visa.
What the suit asked for Decide the application Read by a model
Patel additionally seeks an order compelling adjudication of his Form I-526 petition “without further unreasonable delay.”
Kind of order A ruling on a motion or the petition Read by a model
For the foregoing reasons, the defendants’ Motion to Dismiss will be GRANTED.
Motion decided Motion to dismiss for failure to state a claim Read by a model
“A Rule 12(b)(6) motion tests the legal sufficiency of a complaint.”
Whose motion The government's motion Read by a model
For the foregoing reasons, the defendants’ Motion to Dismiss will be GRANTED.
Disposition Dismissed The case or every delay claim was dismissed for a reason other than mootness. Read by a model
For the foregoing reasons, the defendants’ Motion to Dismiss will be GRANTED.
Prevailing party Government Read by a model
For the foregoing reasons, the defendants’ Motion to Dismiss will be GRANTED.
The delay claim Dismissed Read by a model
For the foregoing reasons, the defendants’ Motion to Dismiss will be GRANTED.
Months pending 31.7 months from the application to the suit; 45.8 months from the application to the court's decision Read by a model
On November 13, 2019, Patel, an Indian citizen, filed a Form I-526 petition seeking to obtain an EB-5 visa.
TRAC factors The court weighed the TRAC factors
  • 1. Rule of reasonfavors the government
  • 2. Congressional timetablefavors the government
  • 3. Human health and welfarefavors the government
  • 4. Competing prioritiesfavors the government
  • 5. Interests prejudicedfavors the government
  • 6. No impropriety neededneutral
Read by a model
TRAC Factor One Favors Defendants
The government's delay arguments First-in, first-out processing accepted; Line-jumping accepted Read by a model
and therefore it “do[es] nothing to call into doubt the reasonableness of USCIS’s first-in, first-out approach,”
Threshold rulings None Read by a model
Nationality India Read by a model
On November 13, 2019, Patel, an Indian citizen, filed a Form I-526 petition seeking to obtain an EB-5 visa.

How the case ended

Docket
No. 1:22-cv-01931
Filed
July 4, 2022
Ended
September 8, 2023
Suit's filing to its end
431 days
How it ended
Dismissed on jurisdiction or the merits
From the record
idb disp 6 (judgment: motion before trial), judgment for defendant

A voluntary or stipulated dismissal is how most suits end once the agency acts; the docket rarely says why. Other suits in this court.

Supreme Court and D.C. Circuit authority

District decisions bind no one. On the questions this decision raises, the Supreme Court decisions and the circuit's published decisions listed here bind this court; a circuit disposition marked nonprecedential was not published as precedent and is persuasive only. ImmCite status as read November 3, 2026. Check the current status before relying on one.